0 Appeal Testimony re PDT 13-1 RECEIVED <br />5~p N' <br />September 4, 2015 <br />Eugene Planning Commission <br />c/o Gabe Flock, Planner <br />City of Eugene <br />99 West 10th Avenue, <br />Eugene, OR 97401 <br />Submitted by: Simon Trautman <br />Send notices to: 2303 C Street, Bellingham, WA 98225 <br />Re: City File No. PDT 13-1; Oakleigh PUD <br />Opposition to Hearings Official Decision <br />CITY OF WC11fNv_ <br />BUILDING &Pe:P,V; SWJS <br />RECEIVED AFTER PUBLIC HEARING <br />BUT PRIOR..TO CLOSE OF. RECORD <br />Dear Commissioners: <br />On August 17, 2015, the Planning Commission voted to re-open the record for new evidence <br />• and arguments. <br />The motion adopted by the Planning Commission set the following time limits: <br />• New evidence allowed through close-of-business on August 31St. <br />• Rebuttal arguments through close-of-business September 41h. <br />• Final applicant rebuttal through close-of-business September 11th. <br />The motion adopted by the Planning Commission allowed only the applicant and myself and <br />our legal representatives to contribute new, written testimony. <br />The motion adopted by the Planning Commission limited the scope to right-of-way, pavement <br />widths and parking, in relation to the safety of Oakleigh Lane. <br />Notwithstanding the adopted motion, ORS 197.763(7) requires: <br />"When a local governing body, planning commission, hearings body or hearings officer <br />reopens a record to admit new evidence, arguments or testimony, any person may raise <br />new issues which relate to the new evidence, arguments, testimony or criteria for <br />decision-making which apply to the matter at issue." <br />On August 31, 2015 I submitted written testimony accompanied by a CD and a resubmittal of <br />my July 27, 2015 written testimony. <br />This letter provides further argument in response to the testimony submitted by the applicant's <br />representative during the re-opened period of the record through August 31, 2015. <br />Trautman Appeal Testimony PDT 13-1 Page 1 September 4, 2015 <br />273 264 <br />